Background
The Irish government has recently announced that a Referendum will be held in November 2023 to remove language from the Constitution that upholds gender stereotypes.
This announcement follows recommendations from the Citizens’ Assembly on Gender Equality which voted overwhelmingly in favour of removing the reference to a woman's place being in the home –the article commonly referred to as the “women in home” clause.
The Oireachtas committee was established to consider and implement the Citizens’ Assembly 45 recommendations –the central one being that the ‘women in home’ clause of the Constitution should be removed and replaced.
Many see the upcoming referendum as long-awaited, arguing that the notion that a woman’s place is in the home is sexist and needs to be removed from Ireland’s fundamental law. They argue that this language perpetuates reductionist sentiment and philosophy towards women.
Currently, Article 41.2 makes reference to a woman’s place being in the home, stating that the Irish state “recognise that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that the State shall therefore “endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”.
There is general agreement that this language needs to be changed. However, how exactly it will be changed is still contested. Suggested changes include removing the clause entirely from the Constitution, or replacing it with gender-neutral language and reference to the work of carers. According to the Minister, “The problem is there hasn’t been an agreement in terms of, do we just go with deletion of Article 41.2 or do we go and replace it, and if so what with, and if so how, and what elements?”
Recent announcements from Ireland’s Department of Equality confirm that in addition to discussing recommendations for language change in the Constitution, they will also soon convene to consider policy change. Many argue that while changing the current wording in the Constitution is needed, this is the bare minimum and the Government needs to also adopt policy change in order to break down deeply rooted gender stereotypes.
The US
In recent times, we have seen impassioned debate around the world regarding the introduction of gender neutral language. Similar to Ireland, the United States Constitution is drafted with gender-exclusive language – all pronoun references to the President, the Vice President, Representatives and Senators, and other officers are masculine.
Many argue that the US Constitution should acknowledge a woman’s ability to become President, and shift to using gender inclusive terminology. However, the work of inclusivity at the Federal level would require the passage of an amendment, and in the current day, tense debate still surrounds gender-neutral pronouns in the US.
The UK
In the UK, masculine language has also been historically used in legal writing to refer to individuals regardless of their gender. This began with the passage of an act by Parliament in 1850. The Act adopted that masculine language is “deemed and taken to include females' in legislation, with the goal of “shortening the Language used in Acts of Parliament.”
However, this outdated practice has since changed in the UK. The UK has successfully undergone significant changes in the language used in legal writing and legislation. Since 2007, legal and policy documents have been written using gender neutral language.
Similarly, in Ireland, The Citizens Assembly recommends that clause 41.2 should be removed and replaced with gender neutral language.
The switch to gender-neutral language
What is the value of adopting a gender-neutral language? While the terminology in the Constitution may not have any direct legal implications in contemporary times, many argue that in places such as Ireland, the UK and the US, with an exhaustive history of gender inequality, these language shifts hold much more than just semantic implications.
Many argue that regardless of actual legal importance –language matters! Changes in language reflect important changes in attitude and hold symbolic importance. The gender-exclusive language that is woven into these documents contribute to a culture that reinforces historically embedded gender stereotypes, while gender neutral language promotes inclusion and equality.
As explained by the Institute for Democracy and Electoral Assistance (IDEA),
“The language of the constitution is both legally and symbolically important… While the male form was often intended to denote both men and women, gender-exclusive drafting symbolically excludes women. Gender-inclusive language indicates a commitment to gender equality by specifically including women, and helps undermine stereotypes that political actors are male… Gender-neutral language avoids references to specific genders when gender is not relevant to the provision.”
Conclusions
While it is expected that the majority will not oppose the Constitutional change in November, many hope that the discussions that now surround this Referendum will push the political agenda towards conversations on larger issues of gender stereotypes and inequalities in Ireland.